230 R.I. Code R. 230-RICR-80-05-1.12

Current through December 3, 2024

Section 230-RICR-80-05-1.12 - Medical Marijuana Plant Tag Certificate Program

A. Purpose

1. DBR administers all aspects of the medical marijuana plant tag certificate program in order to fulfill the state obligation to monitor and verify compliance with the statutory requirements that cardholders electing to grow:

a. Do not exceed plant limits;

b. Properly display the plant tag certificate indicating the amount of plants permitted;

c. Do not grow at more than one location; and d. Distribute medical marijuana in accordance with the Act.

B. Eligibility

1. Qualified patients and registered primary caregivers who have a valid registry identification card must apply to DBR for medical marijuana plant tag certificates in order to grow medical marijuana.

2. Qualified patient and registered primary caregiver cardholders who have been licensed to cooperatively cultivate are further subject to all requirements of § 1.8 of this Part.

C. Applications and Renewals

1. Qualified patients and registered primary caregivers shall apply to DBR for medical marijuana plant tag certificates by submitting a completed application along with any applicable fee.

2. Applications to obtain or renew a medical marijuana plant tag certificate shall be on such forms and through such submission mechanisms as directed by DBR. Required application information shall include, but is not limited to:

a. The registry identification number of the applicant, and, if the applicant is a caregiver, the registry identification number(s) of the patient(s) the caregiver applicant is authorized to grow for;

b. A sufficiently specific identification of the single grow location selected by the applicant; and c. Current contact information.

3. In accordance with R.I. Gen. Laws § 21-28.6-15(a), any registered patient who elects to grow medical marijuana must:

a. Submit documentation to DBR that they own the premises where they will grow medical marijuana, or

b. Submit documentation to DBR that shows they have the permission of the landlord/owner of the property to grow medical marijuana on the premises; and

c. Apply for and obtain the necessary medical marijuana plant tag certificate.

4. Before issuing a medical marijuana plant tag certificate, DBR will verify the validity of the applicant's registry identification card and, if the applicant is a caregiver, the validity of the registry identification card(s) of the patient(s) the caregiver applicant is authorized to grow for as well as confirm the registration of the grow location in accordance with R.I. Gen. Laws §§ 21-28.6-15(a)(2) and (3).

5. Plant tag certificate fees will be paid in accordance with DBR's instructions in the application.

6. Once an application has been approved and the plant tag certificate fee is paid to DBR, and the plant tag certificate will be made available by DBR or its approved vendor to the qualified patient or primary caregiver cardholder.

D. Program Requirements

1. Every marijuana plant, both mature and immature, possessed by a qualified patient or registered primary caregiver cardholder must be represented by a medical marijuana plant tag certificate purchased through and issued by DBR. R.I. Gen. Laws § 21-28.6-15(a).

2. The number of medical marijuana plant sets for which a certificate can be purchased from DBR must be displayed on the plant tag certificate and shall not exceed the maximum number of mature and immature plants that are possessed by the purchaser under the Act and the DBR Regulations.

3. All qualified patient cardholders who choose to grow for themselves must obtain a medical marijuana plant tag certificate showing they are growing at least one (1) set of plants.

4. All registered primary caregiver cardholders must obtain a medical marijuana plant tag certificate showing they are growing at least one (1) set of plants for each qualified patient cardholder to whom the primary caregiver cardholder is connected through DOH's or DBR's registration process. The primary caregiver's plant tag certificate must display the exact amount of plant sets ordered and in his/her possession.

5. Every member of a licensed cooperative cultivation must be in compliance with the above minimum tag requirements for their respective registration category as a condition of the cooperative cultivation license.

6. A medical marijuana plant tag certificate holder may not grow marijuana at more than one location or have another Rhode Island cardholder grow for them at any other location. R.I. Gen. Laws § 21-28.6-4(r).

7. Medical marijuana plant tag certificates will only be issued under the express and continuing condition that they will only be used for plants that are grown at a registered location and stored in a "secure indoor structure." A "secure indoor structure" means a structure that satisfies all the following parameters:

a. An enclosed area with secure four walls and a secure roof as determined by DBR.

b. Equipped with locks and any other appropriate security devices that limit access to the individual authorized to grow the medical marijuana. Locks must be sufficient to discourage theft and unauthorized entrance.

c. Medical marijuana is not visible from the street or other public areas.

d. Reasonable efforts must be taken to prevent marijuana plant odors from exiting the building to an extent that would significantly alter the environmental odor outside.

e. For licensed cooperative cultivations, consult § 1.8(F) of this Part, for any additional location restrictions and/or security requirements.

8. Medical marijuana plant tag certificates may only be used by the individual and/or licensed cooperative cultivation members to whom and at the location for which they were issued. They may not be transferred or assigned.

9. Medical marijuana plant tag certificates shall not be altered or duplicated.

10. Medical marijuana plant tag certificates do not authorize transport of marijuana plants outside the borders of the state of Rhode Island under any circumstances.

11. Medical marijuana plant tag certificates are only applicable to the location for which they were issued and shall not be transferred to another location within the state of Rhode Island unless approved in accordance with § 1.12(H) of this Part.

12. As a continuing condition of holding a plant tag certificate, plant tag certificate holders may not pursue any marijuana transaction or activity that is in violation of the Act, including pursuing any transaction through online advertising.

E. Maximum Number of Plant Sets

1. Medical Marijuana Plant Tag Certificates are issued by a count of the medical marijuana plant "set." A "set" is defined as one (1) mature plant and one (1) immature plant.

2. A qualified patient cardholder may purchase a certificate for no more than twelve (12) medical marijuana plant sets. The total number of plant sets shall be displayed on the plant tag certificate and correspond to the possession limits set by R.I. Gen. Laws §§ 21-28.6-4(a) and 21-28.6-4(f), respectively.

3. A primary caregiver cardholder connected with one (1) qualified patient cardholder through DOH's or DBR's registration process may purchase a certificate for no more than twelve (12) medical marijuana plant sets. The total number of plant sets shall be displayed on the plant tag certificate and correspond to the possession limits set by R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g), respectively.

4. A primary caregiver cardholder connected with at least two (2) and up to five (5) qualified patient cardholders through DOH's or DBR's registration process may purchase a certificate for no more than twenty-four (24) medical marijuana plant sets. The total number of sets shall be displayed on the plant tag certificate and correspond to the possession limits set by R.I. Gen. Laws §§ 21-28.6-4(f) and 21-28.6-4(g), respectively.

5. No more than twenty-four (24) plant sets that are accompanied by a valid medical marijuana plant tag certificate shall be grown or otherwise located at any one dwelling unit or commercial unit. The number of qualifying patients or primary caregivers residing, owning, renting, growing or otherwise operating at a dwelling or commercial unit does not affect this limit. Pursuant to R.I. Gen. Laws § 21-28.6-4(r).

6. A cooperative cultivation shall be limited to the purchase of the lesser of the following:

a. Certificates for forty-eight (48) medical marijuana plant sets, pursuant to the maximum possession limits for a non-residential cooperative cultivation set by R.I. Gen. Laws § 21-28.6-14(a)(6)(i); or

b. Certificates for the number of medical marijuana plant sets which would correspond to the total maximum amount of mature plants that each individual qualified patient cardholder and each individual primary caregiver cardholder growing at the cooperative cultivation is permitted to grow under the mature plant and immature plant possession limits delineated above.

F. Fees

1. In accordance with R.I. Gen. Laws § 21-28.6-15(a)(1), a registered cardholder shall pay the following annual fees for each medical marijuana plant set. DBR may also charge processing fees for issuance of plant tag certificates.

Category	Fee
Qualifying Patient Cardholder	$25 per plant set reflected on the certificate
Reduced-Registration Qualifying Patient Cardholder	The fee shall be waived. See § 1.12(F)(2) of this Part.
Primary Caregiver Cardholder	$25 per plant set reflected on the certificate
Primary Caregiver Cardholder - registered to grow for Reduced-Registration Patient(s) Only	The fee shall be waived. See § 1.12(F)(3)(a) of this Part.
Primary Caregivers registered to grow for 1 or more reduced-registration patients and 1 or more full-registration patients	$25 per plant set reflected on the certificate. Eligible for waivers set forth in § 1.12(F)(3)(b) of this Part.

2. Reduced-registration patient - The fee shall be waived for patients for which DOH has determined qualify for reduced-registration due to income or disability status, as may be periodically determined by DOH.

3. Caregiver registered with DOH and/or DBR to grow for reduced-registration patient(s) - The fee shall be adjusted for caregivers registered DOH and/or DBR to grow for one (1) to five (5) qualifying patient cardholder(s) for which DOH has determined qualify for reduced-registration due to income or disability status. Specifically:

a. If a primary caregiver is registered with DOH and/or DBR to grow for reduced-registration patients only, the plant tag certificate fees shall be waived entirely.

b. If a primary caregiver is registered with DOH and/or DBR to grow for one (1) or more reduced-registration patients and one (1) or more full-registration patients, the primary caregiver shall be required to purchase at least one (1) plant set per full-registration patient at the rate of twenty-five dollars ($25) per plant set. In this case, the remainder of the plant sets up to the numerical limits delineated herein may be obtained with a fee waiver; provided, however, that no more than twelve (12) fee-waived plant sets may be obtained per reduced-registration patient.

c. If a primary caregiver has used the plant tag certificate fee reductions cited above and then at any point prior to the next plant tag certificate renewal date that primary caregiver is in the position of having no associations with any reduced-registration patients, the primary caregiver shall take one of the following actions within ten (10) business days:

(1) Register with DOH and/or DBR to grow for one (1) or more other reduced-registration patients;

(2) Register with DOH and/or DBR to grow for one (1) or more full-registration patients and pay the balance of what would have been paid had the plant sets been obtained or renewed with no reduced-registration patients; or

(3) If not registered with DOH and/or DBR to grow for any other existing or new patients within ten (10) business days, destroy the marijuana plants and return the plant tag certificate within an additional ten (10) business day period.

G. Plant Tag Certificate Data

1. Medical marijuana plant tag certificates shall be printed and posted clearly and conspicuously in any room that holds medical marijuana plants associated with the plant tag certificate.

2. The certificate shall display, or be electronically embedded with, or otherwise contain the following data:

a. Unique numerical, serial or alpha-numerical identifiers.

b. A patient's registration ID number.

(1) For a qualified patient cardholder who is growing individually, the identifier shall correspond to his or her DOH patient registry identification card number.

c. A primary caregiver's registration ID number and the associated patient's registration IDs.

(1) For a primary caregiver cardholder who is growing individually, the identifier shall correspond to his or her DOH and/or DBR caregiver registry identification card number and the number(s) of the qualified patient cardholder(s) he or she is registered with DOH and/or DBR to grow for.

d. For cooperative cultivations, the medical marijuana plant tag certificate shall contain identifiers that correspond to both the DBR license number for the cooperative cultivation as well as the DOH and/or DBR registry identification card numbers for the qualified patient cardholders and/or primary caregiver cardholders and their associated patients forming the cooperative cultivation.

e. Expiration date of the plant tag certificate.

f. Registered or licensed grow location.

g. The number of plant sets the qualified patient or primary caregiver has lawfully obtained plant tag certificates for.

h. Any other information DBR deems appropriate that is not subject to the patient privacy provisions of the Act.

3. DBR and DOH will have access to the above medical marijuana plant tag certificate data, through the Medical Marijuana Program Tracking System, or, if the System is not available, through other data sharing mechanisms.

H. Duty to Update Information

1. The medical marijuana plant tag certificate holder has a continuing obligation to update all application information in a timely manner.

2. Contact information (legal name, physical and mailing address, phone number, e-mail address, etc.) must be updated no later than three (3) business days after the change.

3. If an individual qualified patient cardholder or primary caregiver cardholder seeks to change the grow location, they must seek prior approval from DBR in writing at least ten (10) business days before the change.

a. The individual must first apply to DBR for transfer of the marijuana plant tag certificates, on such forms and through such mechanisms as DBR designates.

b. DBR will verify the continued validity of the registry identification card(s) for which the certificates were issued as well as confirm the registration of the new grow location.

c. Once the change of location application is approved by DBR, the transport shall be conducted within the time period prescribed and accompanied by a DBR receipt.

I. Replacement of Lost or Stolen Plant Tag Certificates

1. Any stolen or lost medical marijuana plant tag certificates must be reported to DBR and law enforcement within one (1) business day from when the plant tag certificate holder becomes aware of the theft or loss of the plant tag certificate.

2. The circumstances surrounding the loss or theft must be disclosed to DBR.

3. If DBR determines that the loss or theft of the certificate is the result of improper use in violation of the DBR Regulations or the Act, then DBR may refuse to issue a replacement plant tag certificate.

4. For any periodic recall of the plant tag certificate by DBR (circumstances such as wearing out, new technology, etc.), no replacement cost will be assessed to the plant tag certificate holder.

J. Return of Plant Tags Certificates

1. When return of plant tag certificate is required by the DBR Regulations,

the medical marijuana plants associated with that plant tag certificate shall be destroyed prior to the required return date of the plant tag certificate.

2. A patient shall return his or her medical marijuana plant tag certificate to DBR within ten business (10) business days of any of the following occurrences:

a. Election to no longer grow medical marijuana for himself or herself,

b. Voluntary surrender of the registry identification card, or c. Revocation of the registry identification card.

3. A primary caregiver shall return the medical marijuana plant tag certificate associated with a particular patient within ten (10) business days of any of the following occurrences concerning that patient:

a. Death,

b. Termination of the relationship with the primary caregiver,

c. Voluntary surrender of the registry identification card, or

d. Revocation of the registry identification card.

e. If during such ten (10) business day period, the primary caregiver re-associates with another qualified patient cardholder through DOH and/or DBR and re-associates the plant tag certificate to the other existing or new patient by registry identification number through DBR, the plant tag certificate need not be returned.

4. A primary caregiver shall return the plant tag certificate within ten (10) business days of his or her voluntary surrender of or DBR's revocation of his or her registry identification card.

5. A cooperative cultivation shall return the plant tag certificates within ten (10) business days of surrendering its license (voluntarily or otherwise) or having its license revoked.

a. If an individual registered patient or primary caregiver cardholder has medical marijuana, plants and associated plant tag certificate tied to a cooperative cultivation grow location and the cooperative cultivation license for that location is surrendered or revoked, the individual can only retain the medical marijuana, plants and associated tags that are associated with their individual registration (up to the individual maximum number of plants) if the individual's registration as a patient or caregiver is still in good standing with DOH or DBR.

b. A qualifying patient or primary caregiver cardholder who is growing as part of a cooperative cultivation shall comply with the following steps prior to transporting any marijuana plants to a new location:

(1) The individual must first apply to DBR for transfer of the marijuana plant tags certificate to a new location, on such forms and through such mechanisms as DBR designates.

(2) DBR will verify with DOH, as applicable, the continued validity of the registry identification card(s) for which the plant tag certificates were issued as well as confirm the registration of the new grow location.

(3) Once the change of location application is processed, the transport shall be conducted in the time period prescribed and be accompanied by a DBR receipt.

6. The fact that a patient or primary caregiver is a member of a cooperative cultivation shall not in any way relieve his or her individual medical marijuana plant tag certificate return obligations under § 1.12 of this Part.

7. DBR will provide a person returning medical marijuana plant tag certificates with a receipt documenting the return.

8. For additional provisions regarding return of a plant tag certificate associated with licensed cooperative cultivations, consult § 1.8(Q) of this Part.

K. DBR Monitoring Process and Requirements

1. If DBR has reasonable grounds to believe that a medical marijuana plant tag certificate holder, a primary caregiver who has not obtained or renewed a plant tag certificate, or a qualified patient cardholder who has made an election to grow but who has not obtained or renewed a plant tag certificate, may be in violation of the plant tag certificate requirements and/or plant possession limits set forth in the Act and/or the DBR Regulations, the below steps may be taken to verify compliance or prompt the person to come into compliance.

2. Written Notice: A written notice may be sent to the person explaining the plant tag certificate requirements and plant possession limits set forth in the Act and the DBR Regulations, why DBR has reason to believe the person may be out of compliance, and outlining the information the person may provide and/or the action(s) the person may take to verify or come into compliance. The recipient will have ten (10) business days from the date of mailing to reply to this notice.

3. Second Written Notice: If the recipient fails to respond to the first written notice with information that verifies compliance or fails to take the necessary actions to come into compliance, a second written notice may be sent, and the recipient will have an additional ten (10) business days from the date of mailing to reply.

4. Alternative Contact Attempt: If the recipient fails to respond to the second written notice with information that verifies compliance or fails to take the necessary actions to come into compliance, DBR may attempt to contact the person utilizing other contact methods through information provided on any plant tag certificate purchasing form submitted to DBR (e.g. telephone) or other contact information reasonably obtained by DBR (e.g. public telephone listings).

5. Reasonable Inspection: If an alternative contact attempt has been unsuccessful or, if after ten (10) business days following an alternative contact, the person has not yet provided information that verifies compliance or taken the necessary actions to come into compliance, then the person may be subject to reasonable inspection by DBR to ensure compliance with the plant tag certificate requirements and plant possession limits set forth in the Act and the DBR Regulations. DBR shall make an effort to schedule inspections in advance.

6. Nothing herein shall prohibit DBR from notifying law enforcement of suspected violations in accordance with § 1.13 of this Part or from scheduling or conducting a reasonable onsite inspection should the nature of the suspected violation require an immediate response.

L. Revocation

1. Failure to comply with the plant tag certificates requirements may result in revocation pursuant to § 1.13 of this Part.

M. Penalties

1. Administrative Penalties for violations of the plant tag certificate requirements may be imposed as set forth in § 1.13 of this Part.

2. Criminal Penalties for violations of the plant tag certificate requirements may be imposed as further described in § 1.13 of this Part.

230 R.I. Code R. 230-RICR-80-05-1.12

Adopted effective 3/25/2020